'He doesn't follow anyone's advice': Trump's conversations with witnesses about the Russia probe may have opened him up to 3 major risks

President Donald Trump's reported decision to speak to
witnesses in the Russia probe about their interviews with
special counsel Robert Mueller indicates a previously unseen
level of involvement in the investigation.

If Trump did discuss matters relevant to the
investigation with critical witnesses, there are three major
risks he could be opening himself up to.

It could be perceived as an attempt to interfere with
the investigative process.

They say it may open Trump up to potentially serious risks that
could contribute to a criminal case against him.

According to The New York Times, Trump
acted against his lawyers' advice on at least two occasions, when
he spoke to White House counsel Don McGahn and former chief of
staff Reince Priebus about subjects related to their interviews
with prosecutors.

In one instance, Trump reportedly told an adviser that McGahn
should issue a statement denying a Times article in January that
said Trump asked McGahn to order Mueller's firing. McGahn did not
issue any such statement, and, according to The Times, McGahn
reminded Trump that the president had, in fact, asked him to
order Mueller's dismissal.

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In another, Trump asked Priebus how his interview with Mueller's
team had gone and whether the prosecutors had been "nice," the
report said.

Trump has made no secret of his opposition to the Russia
investigation, which he frequently characterizes as a "hoax" and
a politically motivated "witch hunt."

But his reported decision to act contrary to his lawyers' advice
and talk to critical witnesses about the investigation indicates
a previously unseen level of involvement in the Russia probe.

And legal experts warn it could ultimately open the president up
to significant criminal exposure.

Another piece of evidence in Trump's growing obstruction case

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Robert Mueller.

source

Thomson Reuters

Alex Whiting, a professor at Harvard Law School and a longtime
former federal prosecutor in Washington, DC and Boston, said it's
possible Trump has been talking to witnesses in the investigation
all along.

"That wouldn't surprise me," he said, "because he is obviously
consumed by the investigation and is completely undisciplined
when it comes to following rules and basic norms."

Harry Sandick, a former assistant US attorney for the Southern
District of New York, agreed. "Without knowing more, it is hard
to see the justification for President Trump speaking to
witnesses about the investigation," he said.

Lawyers representing witnesses in an investigation like this
typically advise their clients not to talk about it as a matter
of caution. Staying mum could also prevent their clients' conduct
from being perceived as obstruction of justice or witness
interference or intimidation.

Mueller has been building an obstruction case against Trump
stemming from his decision to fire FBI director James Comey
last May. Since then, a series of new developments and statements
from the president appear to have strengthened prosecutors'
criminal case against him - and Trump's willingness to discuss
the investigation with witnesses will not help his defense.

In order to prove witness tampering or obstruction, prosecutors
have to establish that Trump acted with "corrupt intent" and
meant to interfere with the investigative process.

3 major risks

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Trump reportedly spoke to Reince Priebus about what he said in his Mueller interview.

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Win McNamee/Getty Images

Whiting laid out three scenarios in which Trump could be seen as
trying to interfere in the process:

Trump may be "creating a climate of fear" just by talking to
witnesses, Whiting said. "He could be signaling that he's keeping
an eye on what people are saying, that he's keeping track of it,
and that there could be consequences."

Trump's actions could be perceived as an attempt to affect
witness testimony or "subtly shape what they're saying and what
their story is, even if it's something like disagreeing with them
or asking simple questions," Whiting said. "That's a huge risk."

Prosecutors may view Trump's conversations with witnesses as
part of an effort to "either get his own story in line with
theirs, or help them shape their stories around his," Whiting
said.

"Now, none of these things may be happening, and you have to
prove an intent to obstruct justice or interfere with
witnesses," Whiting added. "But that's why lawyers tell you not
to do it, and that's why Mueller is interested in trying to
figure out why he's doing it."

'He can do whatever he wants, but it'll be at his peril'

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Trump reportedly told an adviser that Don McGahn (pictured) should issue a statement denying a story that Trump asked him to order Mueller's firing.

source

Drew Angerer/Getty Images

Trump slammed Comey and the Russia investigation on multiple
occasions - and continues to do so - after Comey publicly
confirmed the existence of the probe last March.

After Trump fired Comey, the White House initially said the FBI
director was dismissed because of the way he handled the bureau's
investigation into Hillary Clinton's use of a private email
server when she was secretary of state. But Trump later
contradicted that statement on national television, telling NBC
host Lester Holt "this Russia thing" was a factor in his
decision.

He also reportedly told two top Russian officials during an Oval
Office meeting that firing "nut job" Comey had taken "great
pressure" off of him.

Meanwhile, Trump also reportedly tried to have Mueller fired last
June, one month after Comey's ouster, and only backed off
when McGahn threatened to resign if he was forced to carry out
Trump's order.

But that rings doubly true when it comes to talking about the
probe privately, because it could open Trump up to additional
accusations of witness tampering. Andrew Wright, former President
Barack Obama's associate White House counsel, said that's a
"separate felony."

"Criminal liability would turn on President Trump's specific
comments and context," Wright said. "But whatever happened, it
was apparently alarming enough that a witness's lawyer felt
compelled to disclose the President's actions to Mueller."

Whiting largely agreed.

"There's a lot of smoke right now, but not yet fire," he said.
"Trump is where he is right now, in part, because he doesn't
follow anyone's advice and thinks he knows better than everybody
else. So he can do whatever he wants, but it'll be at his peril
because his conduct could ultimately contribute to a case against
him."